The post: Seems Mint isn't prepared to wait for the FOS to investigate fully and have passed the account to Triton Credit Services: Dear Mr x, PAYMENT DEMAND Our client has placed your account with us for immediate collection. To avoid further action you are requested to forward a cheque for the full amount by return to the address given below. This should be made payable to Triton Credit Services, ensuring that your reference number is printed on the reverse. Alternatively, payment can be made by contacting this office on 020 7680 9301 and using a debit or credit card. If, for any reason you are unable to make this payment by return, you must telephone this office immediately. My reply will be my usual one: Dear Sir/Madam, Further to your recent communication in which you demand payment towards the above alleged debt. As a courtesy I should like to make you aware of the current situation. The above account is in formal dispute as a Consumer Credit Act 1974 (sections 77-79) request has failed to produce a properly executed agreement on more than one occasion. Mint (RBoS) have thereby committed a criminal offence and the above account should not have been passed to Triton Credit Services Ltd as per OFT guidelines. I do not acknowledge any debt to Mint (RBoS) or Triton Credit Services Ltd. Please be advised that any further demands for payment and/or visits by field agents will be considered attempted fraud under the Fraud Act 2006 and will result in a Police report being sent to the Local Constabulary and immediate Court Action. Further, please take note that any detail contained in any further correspondence from Triton Credit Services Ltd shall be taken as a statement of truth in Law and could be produced as evidence in any future Court Proceedings. The Financial Ombudsman Service (FOS) is currently investigating my complaint in this matter and I suggest Triton Credit Services Ltd seeks legal advice as to their standing in this regard. Yours Sincerely, me

This all seems very familiar to me. I've had the letter from MINT saying 'you are misinterpeting the law' as far as application form vs credit agreement also. Today they have passed the account to Triton Credit Services. I'll be sending my usual letter as follows: Dear Sir/Madam, Further to your recent communication in which you demand payment towards the above alleged debt. As a courtesy I should like to make you aware of the current situation. The above account is in formal dispute as a Consumer Credit Act 1974 (sections 77-79) request has failed to produce a properly executed agreement on more than one occasion. Mint (RBoS) have thereby committed a criminal offence and the above account should not have been passed to Triton Credit Services Ltd as per OFT guidelines. I do not acknowledge any debt to Mint (RBoS) or Triton Credit Services Ltd. Please be advised that any further demands for payment and/or visits by field agents will be considered attempted fraud under the Fraud Act 2006 and will result in a Police report being sent to the Local Constabulary and immediate Court Action. Further, please take note that any detail contained in any further correspondence from Triton Credit Services Ltd shall be taken as a statement of truth in Law and could be produced as evidence in any future Court Proceedings. The Financial Ombudsman Service (FOS) is currently investigating my complaint against MINT (RBoS) in this matter and I suggest Triton Credit Services Ltd seeks legal advice as to their standing in this regard. Yours Sincerely, me

I've noticed here and there on this site and others that there are still people who are really put off or believing the Credit Card companies when it comes to reclaiming charges due to the OFT test case. They either think that reclaiming is on hold or take very seriously the letters from Creditors that they cannot reclaim Credit Card charges because of the FSA ruling and the OFT test case. This is not true! The test case refers to Bank overdraft charges NOT credit cards and it stinks that creditors are LYING to people to get them to back off!! Here's what Martin Lewis had to say about it on GMTV: GMTV - Latest clips from GMTV

"Clamping is perfectly legal" ..."just doing what he gets paid for" ? "Im only doing my job said the traffic warden, the lawyer, the police officer.. yes I've heard that before somewhere... let me think..... Traffic warden tickets man as wife is dying| News | This is London BBC NEWS | Scotland | Rape trial suicide prompts review Police shot diabetic in coma with Taser - because they thought he was suicide bomber | the Daily Mail

Hello HHNF.. no they sure don't. And to be honest i am getting rather tired of telling them too. Especially as it's the one year anniversary since all this started and i never thought it would drag on this long. At least the FOS complaints are moving along (albeit very slowly) so there is light at the end of the tunnel. I think from now on my replies will be short and to the point where creditors are concerned as i don't want to waste too much of my day on such unworthy past-times!

Today: 2 brown A4 envelopes (NOT SEALED IN EITHER CASE and completely open at the ends!?!) from Link Financial. Each relating to each account. Card 1: Dear Mr x, You have recently made a request under section 77-78 for copies of various documents. Please find enclosed a copy of your statements for this account from November 2005 to March 2007. Thank you for your patience. Please contact this office to discuss the repayment of your outstanding balance. Enclosed were a whole bunch of statements (But nothing relating to the agreement itself!) Card2: Dear Mr x, You have recently made a request under section 77-78 for copies of various documents. Please find enclosed statements on your account from May 2006 to june 2007. We have requested a copy of your agreement from MBNA and hope to provide this as soon as it is received in our office. Thank you for your patience. Enclosed were statements. In either case there was no AGREEMENT. A non-compliance letter reminding them of the criminal offence will be sent off tomorrow and also reminding Link that the FOS are investigating. That'll do!

Hi HHNF! tehe thanks yes it's my 15 minutes of fame at last! Anyone watch the Money Programme tonite? We need more programs talking about bank charges as the media seems rather quiet about that subject lately. Shame the reporter on the program was rather laid back though. She had an opportunity to question the FSA man and the woman representing the Banks. She could have thrown some very strong questions their way and made them very uncomfortable yet she really asked no probing questions at all and just let them give their opinions. Like when the FSA man said something about not wanting to be biased in their decision about allowing banks to keep charging consumers until the test case is heard i didn't hear the reporter speak up at that point. I sure would have! BBC NEWS | Business | Bank charges head for the High Court

Yes i think you are right there maggie. No reason why they wouldn't grab that £10 unless they had a mind that doing so would open them up to critisism later on for not complying with the SAR request. hmmmm well, some good news at least lately to coincide with a years aniversary of battling creditors... one of my poems is going to be published! yay!

Today in the post my cheque for the SAR to Cahoot has been returned from my bank with some form stating their is no account number available! ugh. OK so i didn't put my account number on the back of the cheque but so what.. it was in the envelope with the SAR letter that had all my details including account number! Oh well, i'll send another off tomorrow with a letter reminding Cahoot they still have not sent me the CCA as they promised they would. Also from the FOS re MBNA. The usual 'large volume of cases, haven't allocated to caseworker yet, will write within four weeks' bla bla bla.

"What's a CCA?" lol yeah thats funny! But 9 calls a day isn't Perhaps when you write to TS you could subtly hint to them that you will be seeking newspaper publicity regarding your case (and therefore TS's inaction) and that would jump start TS into taking your problems more seriously? Have you also tried National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 as i found them very helpful when i rang them a couple of times and they may have an idea that can help?

Good luck! Rooting for you all the way!

By email just now re Halifax's reply which i sent to the FOS: Dear Mr x, Thank you for your email. This will be added to your file and be reviewed upon allocation to an adjudicator. Yours Sincerely, Lucy Smith Casework Support Administrator Financial Ombudsman Service

lol yes Vodka works too! Popping off for a biscuit and a cup of tea myself now.. by the way, i made the biscuits myself!

Looks good to me! I think the Halifax case citation will add a great deal of weight to the letter as well as it is a proven actual case and nothing worries creditors more than those where the consumer has been proven to be in the right and have had their complaint upheld or settled in such a way! Ok so it didn't go to court but the only reason the Halfiax backed down was because they knew they would lose 100%! When you have finished typing the best way to beat them is to put it out of your mind and have a cup of tea and a biscuit! Don't let the vultures enter your life any more than is needed. Let them worry about it and enjoy the rest of your day!

good oh maggie.. your on to them. Keep the pressure on. I like the subtle hints of "screw you"! Sounds good to me!

p.s, Did you get that reply to your email ok? Just checking as you know what hotmail is like lol

I know what you mean.. done the same myself and it sure does feel good doesn't it! Did you make a seperate complaint to the Police in writing about their lack of help? Part of one of my replies to Halifax may be of use: Please be advised that the above account is clearly in dispute and as such i suggest you adhere to OFT guidelines and the Consumer Credit Act 1974, specifically the following: “h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment” k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.”

Hey maggie, ah Ellie Renshaw...I've had her letters and she really doesn't give any ground at all does she. Crap1 could send round 3 guys to your place with a truck loads of tomatoes and spend an hour chucking them at your front window yet on complaining all the reply from Ellie would be was that they were in the legal right and within OFT guidelines to chuck tomatoes at your window! Although, you will never find hers, or any other replies, sighting the exact line within the Consumer Credit Act or OFT guidelines to back up their statements. They simply say "this is what we are allowed to do and you have to take our word for it!" I know it's very tempting to write back a very strongly worded and emotional response but i have found that they look at that kind of a reply as proof (to them at least) that they are getting under your skin and grinding you down. I have found that i get a better response, and a quicker one at that, if you reply unemotionally. Rather like a solicitors letter or the type they often send you. Personally my reply would be the parts you have added above in black, picking out the inconsistencies and factual errors including dates etc. Also, a complete list of all phonecalls (im sure you have been keeping a record) no matter if that means sending her 10 A4 sheets! (make the font bigger so that it covers more space! lol) Dates, times etc. I would also site the recent case where a woman got the bank to back down after pestering her with calls. She said she "felt bullied by the calls" saying they were "unprofessional and disrespectful" when the bank tried to contact her 33 times, by phone and letter, between January 27 and March 13. Channel 4 - News - 'Bank harassment' claim settled

In the post today: Something from Link (MBNA). Haven't heard from them for a while: Dear Mr x, OUR REFERENCE: ******** ORIGINATOR: MBNA ACCOUNT NUMBER: ********** You have recently made a request under section 77/78 for copies of various documents. Please find enclosed a copy of your agreement. If you requested statements on your account please be aware they have been ordered from MBNA and we look forward to sending them on to you as soon as we receive them. Thank you for your continued patience. They sent me the same page they sent back in July: http://i157.photobucket.com/albums/t42/davey77_2007/MBNA6.jpg Im ignorning it. The FOS complaint is in the pipeline so will wait for that to get going instead. ----------------------------------------------------------------------------------- I also had a trading standards consumer satisfaction survey from Torbay TS. I shall have pleasure in filling that one out!

Morning Maggiebroom! Ah yes the speedy FOS.. I have had other 'we are passing the complaint to caseworker' letters and that was 2 months ago or more without another word from them. That's as far as i have got with them I'm afraid but at least the wheels are turning albeit ever so slowly! At least you have that 'number removed' letter as proof so a record of all the calls after that will show crap1 one are not keeping to their word! Keep up the good work though.. be interesting to see what TS have to say (even though they are ineffectual cowards) but it's always worth keeping the pressure on! I'll be watching as always and wishing you well!

From the FOS today: Just to say that they are passing my complaint re HALIFAX to their caseworker support area to await allocation to an investigation team. I will email them to update them on halifaxs latest letter and my reply to it.

ah yes thats it thanks.. i knew something wasn't right with that word but couldn't place!

My reply to the above. Not one of my best letters but it will do! Be interesting to see what they come up with though. Bet it's an application form eh! Then we start all over again! :o Dear Mr Simpson, Thank you for your prompt reply to my recent communications the detail of which were to the effect that after reviewing your records for March 2007 that no Consumer Credit Act request was found relating to the above account for that period. I do not understand why that information is not available to you, but, to clarify: The first Consumer Credit Act request that I sent to Halifax was by recorded delivery 19th March 2007 and the fee payable of £1 in the form of a personal cheque was cashed April 4th 2007 (cheque number ******.) The second request was sent 28th June 2007 to Blair, Oliver and Scott, again by recorded delivery, and that fee in the form of a cheque was cashed 10th August 2007. (cheque number ******.) My letter of which you refer to being received by Halifax 24th August 2007 would have been my ‘letter before action’ (dated 21st August 2007.) I take note that you have ordered the appropriate documentation as per the above request but I am sure you are aware of the amount of time that has passed since my original request, the difficulties in communication particularly with third parties and the patients I have shown in regard to this matter. Therefore, please take note that I shall not wait indefinitely for any agreement to be produced by Halifax and if none is forthcoming within in the next two weeks as of the date of this letter is it my intention to contact the Financial Ombudsman Service with a view to them reinvestigating my original complaint without further notice. I hope that will not become necessary though and look forward to receiving a properly executed agreement for the above account in due course. Once again, thank you for your prompt reply, Yours sincerely, me

A very quick reply from HALIFAX today surprisingly: Dear Mr X, Thank you for your recent letter via the Financial Ombudsman Service of the 24th September 2007, I am sorry that you have found cause for complaint and at the outset offer my sincere apology for any inconvenience or distress this matter may have caused you. To summarise, you are unhappy that a copy of the original agreement for the above account has not arrived with you despite more than one attempt to arrange this. Having looked at our systems for March 2007, i do not see noted the request you made at that time for the copy agreement. (sent by recorded delivery/cheque cashed April actually!) There is note however for a letter having been received on the 24th of August 2007 requesting the document and this was processed. (You mean my LBA i suppose!) I can only offer the explanation that this went astray in the postal system during transit. Today, another request has been lodged with the department concerned to have the document despatched to you once more. Enclosed is a copy of our complaints leaflet, which explains our procedures. Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If i do not hear from you within the next eight weeks i will assume you are satisfied with our response to your letter. Yours sincerely, Paul Simpson

Same here with FOS. Had two letters this morning telling me two complaints are delayed. Just copied them to my thread. http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-14.html